The veteran's claim for waiver of recovery of an overpayment of additional dependency compensation benefits in the amount of $870.40 was granted by the Board, as it found that VA bore primary fault in creating the overpayment and that recovery would not be against equity and good conscience.
The deciding factor: The veteran's son received Chapter 35 educational benefits retroactive to May 15, 2001, while the veteran was still receiving additional dependency compensation for his son. The Board found that VA bore primary fault in creating the overpayment and that recovery would not be against equity and good conscience.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2006
- Citation
- 0600960
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.